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(영문) 대전고등법원(청주) 2019.01.15 2018나3107
매매대금 청구의 소
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) on the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. Quotation of the first instance judgment

A. The grounds alleged by the Defendant in the trial while filing an appeal are not significantly different from the allegations in the first instance court, and the fact-finding and judgment in the first instance court are recognized as legitimate even if all the evidences presented at the trial were taken into account by the date of closing the arguments in the

[1] The Defendant asserts to the effect that the occurrence of a civil petition against the instant drying machine, etc. was mainly caused by the Plaintiff’s lack of equipment performance and thus under the Defendant’s responsible area. However, according to the fact-finding inquiry inquiry reply with the first instance court’s public market, among the reasons for the request for removal of facilities at the public market, it is recognized that the “civil petition due to malodor” and “safety problems due to the natural combustion of the seized facilities provided by the Defendant” are included. In light of this, it is difficult to conclude that only the Plaintiff’s responsible area was defective or only the Plaintiff violated the obligation under the MOU. The Defendant’s assertion on this part is without merit. ② Meanwhile, the Defendant asserts to the effect that the instant sales contract was concluded in accordance with D’s deception that the Plaintiff would purchase the instant drying machine, and that it would offset the Plaintiff’s sales price claim against the Plaintiff’s damages claim against the Plaintiff who is the employer. However, there is no reason to acknowledge that the Defendant’s testimony to purchase the instant construction machine was insufficient to acknowledge this portion of the Defendant’s testimony.

B. Therefore, this court's reasoning is the same as the reasoning of the judgment of the court of first instance. Thus, this court's reasoning is cited by the main text of Article 420 of the Civil Procedure Act

2. In conclusion, the judgment of the first instance is legitimate, and all appeals against the Defendant’s principal lawsuit and counterclaim are appealed.

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